Hit by car, now the driver won't pay up...

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31 July, 2014 - 15:24
#1
matthewr88
Hit by car, now the driver won't pay up...

Hi all,

I've just joined up as I'm almost at my last straw with a driver that hit me off my bike on the 09/07/14...

As I say, I was hit off my bike and the driver admitted fault, saying at the side of the road he would cover me for the cost of repairing/replacing the bike... an old 1986 Raleigh Pursuit which I'd been fixing up. I came away with just a scratch, but the bike has a bent frame and both wheels buckled. I've asked at my local bike shop, and they say it isn't safe to bend the frame back out. I've spent £150 on fixing the bike up, so I called the driver up asking for the money. He said he didn't have it. I asked when he would have it.. "don't know". At this point I got very angry as you would imagine. So I contacted the police who have spoken to him, but they have said it's not an issue they would seek to resolve, and they advised me to speak to a solicitor if I was after compensation. So I try to speak to the driver again, but his flatmate says he's off up country working and isn't back until the 08/08/14.. they kept say "you'll take £100", I tried to stand my ground for the £150, but eventually said I'd take the £100 as I don't think I'll get any more out of this guy. I did suggest going through his insurance, but they wouldn't give me any information...

Here is why I'm here... I want to find out if there is any way I can find out who he is insured with, because I'm scared I'm going to end up with nothing...

Thanks

Matt

Submitted by matthewr88 on 31 July, 2014 - 15:24
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31 July, 2014 - 17:02
tarquin_foxglove
tarquin_foxglove's picture

I'm not a solicitor so my advice is just my opinion, feel free to ignore it as nonsense & go & get proper advice from a solicitor or Citizens Advice….

If all the Police have done is speak to him, you'd guess he must be insured.  So for £4 use the Motor Insurance Database to get his insurance details (policy number, name of insurer and the contact details of the claims department) http://www.askmid.com/

Write to him (DVLA would provide his address if you don’t already have it), briefly set out the details of incident (date time location etc), his acceptance of liability at the scene & provide copies of the receipts of all your expenditure (including the £4 for MID) and set a reasonable time for him to reimburse you fully.

Say without receipt of the full amount by the date you will be forced to contact the claims department of his insurer to make a claim against his insurance policy.

Then in due course get the money or contact the insurer.

BTW if you’ve already accepted money, even a small sum, it can make your subsequent claim with the insurer fail.

BTW2 I’d definitely be looking to claim for a new frame for my bike rather than put up with a bent one just because at the scene I agreed to £150.

Submitted by tarquin_foxglove on 31 July, 2014 - 17:02
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31 July, 2014 - 17:03
tarquin_foxglove
tarquin_foxglove's picture

I'm not a solicitor so my advice is just my opinion, feel free to ignore it as nonsense & go & get proper advice from a solicitor or Citizens Advice….

If all the Police have done is speak to him, you'd guess he must be insured.  So for £4 use the Motor Insurance Database to get his insurance details (policy number, name of insurer and the contact details of the claims department) http://www.askmid.com/

Write to him (DVLA would provide his address if you don’t already have it), briefly set out the details of incident (date time location etc), his acceptance of liability at the scene & provide copies of the receipts of all your expenditure (including the £4 for MID) and set a reasonable time for him to reimburse you fully.

Say without receipt of the full amount by the date you will be forced to contact the claims department of his insurer to make a claim against his insurance policy.

Then in due course get the money or contact the insurer.

BTW if you’ve already accepted money, even a small sum, it can make your subsequent claim with the insurer fail.

BTW2 I’d definitely be looking to claim for a new frame for my bike rather than put up with a bent one just because at the scene I agreed to £150.

Submitted by tarquin_foxglove on 31 July, 2014 - 17:03
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13 August, 2014 - 11:22
Hesterkw

Are you a member of a cycling organisation that might help?

 

I'm a member of British Cycling, and my membership includes 3rd party liability insurance, and legal support http://www.britishcycling.org.uk/membership/ride

If not, might be worth looking into joining something for the future.

 

There's also the Cyclists' Defence Fund as a resource, though your case might not be something they'd be interested in as it's a relatively small amount and no serious injuries http://www.cyclistsdefencefund.org.uk/

Submitted by Hesterkw on 13 August, 2014 - 11:22
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